LAWS(PVC)-1921-3-81

VELLAIYAMMAL BIBI Vs. KOOLAYANNA ROWTHAN

Decided On March 23, 1921
VELLAIYAMMAL BIBI Appellant
V/S
KOOLAYANNA ROWTHAN Respondents

JUDGEMENT

(1.) The judgment appealed against was delivered on November 3 and an application for copies of judgment and decree was made on the same date. Copies were ready on December 12 and the appeal was presented on January 12th, i.e. the 70 day.

(2.) But the appellants were entitled to deduct 27 days in November and 12 days in December which were occupied in obtaining a copy of the decree. Deducting these 39 days, the appeal was presented on the 31 day, but January 11 was a Sunday and therefore under Section 4 Limitation Act, the appeal might be presented on the next working day, and was in time if so presented.

(3.) It is argued for the 3 respondent that the appellants were not entitled to deduct the 14 November seeing that copy stamps for the copy of the decree were called for on November 13 and were not furnished till the 15th.